If you purchased certain Fresh Products from Sam’s Club and returned that product but did not receive the full value of the Freshness Guarantee, a class action settlement may affect your rights.

You are hereby notified that a settlement has been preliminarily approved by the United States District Court for the District of South Carolina (the “Court”) in a class action lawsuit entitled Myriam Fejzulai, et al. v. Sam’s West, et al., Case No. 6:14-cv-03601-BHH (the “Lawsuit”). This notice is summary only. You should read the full notice for complete information. You can get a copy of the full notice as directed below.

WHO’S INCLUDED?

The Court has decided that for settlement purposes, any Sam’s Club member who purchased certain Fresh Products from Sam’s Club and returned that product but did not receive the full value of the Freshness Guarantee during the time periods covered by the Settlement (as set forth in more detail in the full notice) is a considered a Settlement Class Member. This makes you a member of the “Settlement Class”.

WHAT IS THIS SETTLEMENT ABOUT?

The Lawsuit claims that Sam’s Club at times did not fully honor the Freshness Guarantee with respect to certain fresh products purchased at Sam’s Clubs within the United States. Sam’s Club denies any liability or wrongdoing with respect to the claims alleged in the Lawsuit. The parties desire to settle the case because a settlement will avoid the risk, expense and distraction of continued litigation.

WHAT DOES THE SETTLEMENT PROVIDE?

The settlement provides for the following relief: Sam’s Club will fund a Class Settlement Amount of up to $6,000,000. The Class Settlement Amount will be used to provide Settlement Class Members with the opportunity to apply for and receive a gift card redeemable towards purchases made at Walmart stores, Sam’s Club stores, walmart.com, or samsclub.com, to pay for administration of the settlement proceeds, to pay attorney fees and expenses and Class Counsel, and to pay for incentive awards to the Class Representatives. Class Counsel will apply for fees in an amount not to exceed 30% of the settlement and will seek reimbursement of reasonable expenses. The anticipated value of the gift card will be $10, although the actual amount of the gift card could be higher or lower depending on the number of claims submitted. To qualify for a payment from the settlement, you must submit a Claim Form. To file a Claim Form, visit the settlement website, http://www.samsclubfreshnesssettlement.com. Your claim must be submitted no later than March 26, 2018. See the full notice for more details.

WHAT ARE MY LEGAL RIGHTS?

1. If you do not want a payment and do not want to be legally bound by the terms of the settlement, you must exclude yourself by sending a signed letter saying that you want to be excluded from Fejzulai v. Sam’s West, Inc., Case No. 6:14-cv-03601-BHH. Your request for exclusion must be mailed to the Claims Administrator, postmarked no later than March 26, 2018. If you do not exclude yourself you will remain a Settlement Class Member and will be eligible to submit a claim for money benefits. Regardless of whether you submit a Claim Form, if you do not specifically exclude yourself, you will be bound by the Proposed Settlement which contains a release of claims against Sam’s Club. See the full notice for more details.
2. If you’re a Settlement Class Member, and have not excluded yourself from the settlement, you can object to the settlement if you don’t like any part of it. To object, you must send a signed letter to the Court and the Parties saying that you object to the settlement in Fejzulai v. Sam’s West, Inc., Case No. 6:14-cv-03601-BHH. This objection must be received no later than March 26, 2018. See the full notice on the website for more details.

WHEN IS THE FAIRNESS HEARING?

The Court will hold a Fairness Hearing at 2:00 p.m. on April 9, 2018 in the United States District Court located in Charleston, South Carolina. At this hearing, the Court will consider whether the settlement is fair, reasonable and adequate. After the hearing, the Court will decide whether to approve the settlement.